Jones v. U.S. Department of Education
| Jones and Michael Jones, Sr |
| U.S. Department of Education, Finansure, Inc. doing business as Graduate Loan Center, Fifth Third Bank, Great Lakes Educational Loan Services, Inc. and United States Department of Education |
| 2:2017cv01491 |
| February 21, 2017 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Orleans |
| Joseph C Wilkinson |
| Jay C Zainey |
| Contract: Other |
| 00 U.S.C. § 0000 |
| None |
Docket Report
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Filing 73
ORDER DISMISSING CASE - The Court having been advised that all of the parties to this action have firmly agreed upon a compromise, IT IS ORDERED that this action is hereby dismissed without costs. Signed by Judge Jay C. Zainey on September 30, 2019.(mp)
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| Filing 72 NOTICE REGARDING ORAL ARGUMENT re #69 MOTION for Summary Judgment. (mp) |
| Filing 71 Request/Statement of Oral Argument by Michael Jones, Sr regarding #69 MOTION for Summary Judgment (Centner, Daniel) |
| Filing 70 RESPONSE/MEMORANDUM in Opposition filed by Michael Jones, Sr re #69 MOTION for Summary Judgment . (Attachments: #1 Affidavit, #2 Affidavit, #3 Statement of Contested/Uncontested Facts)(Centner, Daniel) |
| Filing 69 MOTION for Summary Judgment by United States Department of Education. Motion(s) will be submitted on 10/2/2019. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Statement of Contested/Uncontested Facts, #4 Notice of Hearing)(Dupre, Brock) |
| Filing 68 Witness and Exhibit List by Michael Jones, Sr. (Centner, Daniel) |
| Filing 67 Witness and Exhibit List by United States Department of Education. (Dupre, Brock) |
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Filing 66
ORDER granting #65 Motion to Substitute Attorney. Added attorney James Wesley Thurman for Michael Jones, Sr. Attorney Meredith S. Grabill terminated. Signed by Judge Jay C. Zainey on June 20, 2019. (mp)
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| Filing 65 EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney James Thurman to be substituted in place of Meredith S. Grabill by Michael Jones, Sr. (Attachments: #1 Proposed Order)(Grabill, Meredith) |
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Filing 64
ORDER granting #62 Motion to Enroll as Additional Counsel of Record. Signed by Judge Jay C. Zainey on 5/16/2019. (ajn)
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| Filing 63 Minute Entry for proceedings held before Judge Jay C. Zainey: The Court held a Telephone Conference on 5/15/2019. The Court set the conference to discuss the status of the case. At the conference, counsel apprised the Court as to the status of the case. Plaintiff intends to file a motion for default judgment as to Defendant Finansure, Inc. (ajn) |
| Filing 62 EXPARTE/CONSENT MOTION to Enroll as Counsel of Record Daniel B. Centner by Michael Jones, Sr. (Attachments: #1 Proposed Order)Attorney Daniel B. Centner added to party Michael Jones, Sr(pty:pla).(Centner, Daniel) Modified text on 5/16/2019 (mp). |
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Filing 61
ORDER: IT IS ORDERED that a telephone conference is SET for Wednesday, May 15, 2019 at 1:45 p.m. to discuss the status of the case. Signed by Judge Jay C. Zainey on 5/2/2019.(mm)
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Filing 60
SCHEDULING ORDER: Final Pretrial Conference set for 10/31/2019 09:30 AM before Judge Jay C. Zainey. Bench Trial set for 11/18/2019 09:30 AM before Judge Jay C. Zainey. All discovery must be completed by 9/30/2019.. Signed by Judge Jay C. Zainey on 3/8/19. (Attachments: #1 Pretrial Notice Form)(jrc)
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| Filing 59 NOTICE Scheduling Conference set for 3/8/2019 10:00 AM before case manager by telephone. By Clerk. (jrc) |
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Filing 58
ORDER granting #57 Motion to Dismiss Certain Claims with Prejudice. IT IS ORDERED, ADJUDGED, AND DECREED that all claims among the Settling Parties are hereby DISMISSED WITH PREJUDICE, with each party to bear its own costs, inaccordance with the Settlement, Release, and Indemnity Agreement executed by the Settling Parties in this case. Signed by Judge Jay C. Zainey on 2/15/2019. (ajn)
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| Filing 57 EXPARTE/CONSENT Joint MOTION to Dismiss Certain Claims with Prejudice by Michael Jones, Sr. and Fifth Third Bank (Attachments: #1 Proposed Order)(Grabill, Meredith) Modified text on 2/15/2019 (ajn). |
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Filing 56
ORDER granting #55 Request for Entry of Default against Finansure, Inc. Signed by Clerk.(jrc)
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| Filing 55 Request by Michael Jones, Sr for For Enter Default Against Finasure, Inc. d/b/a the Graduate Loan Center (Attachments: #1 Exhibit A, #2 Affidavit)(Grabill, Meredith) |
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Filing 54
ORDER Show Cause Response due by 1/30/2019. Signed by Judge Jay C. Zainey on 12/31/18.(jrc)
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| Filing 53 ANSWER to #39 Amended Complaint by United States Department of Education.(Dupre, Brock) |
| Filing 52 Statement of Corporate Disclosure by Fifth Third Bank identifying Corporate Parent Fifth Third Bancorp for Fifth Third Bank and identifying Corporate Parent T. Rowe Price for Fifth Third Bank(Mengis, Michael) Modified text on 11/29/2018 (ajn). |
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Filing 51
ORDER granting #50 Motion for Extension of Time to Answer as to U.S. Department of Education of twenty-one (21) days, from November 19, 2018 up to and including December 10, 2018, in which to file its pleadings in response to Plaintiff's complaint. Signed by Judge Jay C. Zainey on 11/14/2018. (ajn)
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| Filing 50 EXPARTE/CONSENT MOTION for Extension of Time to Answer re #39 Amended Complaint by United States Department of Education. (Attachments: #1 Proposed Order)Attorney Brock Darren Dupre added to party United States Department of Education(pty:dft).(Dupre, Brock) |
| Filing 49 Original ANSWER to #39 Amended Complaint by Fifth Third Bank.Attorney Michael W. Mengis added to party Fifth Third Bank(pty:dft).(Mengis, Michael) |
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Filing 48
ORDER granting #47 Motion for Extension of Time to Answer re #39 Amended Complaint as to Fifth Third Bank answer due 11/2/2018. Signed by Judge Jay C. Zainey on 10/10/2018. (jeg)
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| Filing 47 EXPARTE/CONSENT MOTION for Extension of Deadlines to Answer the Amended Complaint by Michael Jones, Sr. (Attachments: #1 Proposed Order)(Grabill, Meredith) (Attachment 1 replaced on 10/10/2018) (ajn). Modified event on 10/11/2018 (jeg). |
| Filing 46 SUMMONS Returned Executed; Fifth Third Bank served on 9/21/2018, answer due 10/12/2018. (Caplinger, Christopher) |
| Filing 45 SUMMONS Returned Executed; United States Department of Education served on 9/20/2018, answer due 10/11/2018. (Caplinger, Christopher) |
| Filing 44 SUMMONS Returned Executed; Finansure, Inc. served on 9/17/2018, answer due 10/9/2018. (Grabill, Meredith) |
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Filing 43
ORDER AND REASONS: In light of Plaintiff's dismissal of Defendant Great Lakes Educational Loan Services, Inc. IT IS ORDERED that Defendant's #19 Motion for Summary Judgment and Plaintiff's #37 Motion for Extension of Deadlines are DISMISSED as moot. Signed by Judge Jay C. Zainey on 9/12/2018. (ajn)
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| Filing 42 Summons Issued as to United States Department of Education. (Attachments: #1 Summons, #2 Summons)(sbs) |
| Filing 41 STIPULATION of Dismissal With Prejudice of Claims Only as to Great Lakes Educational Loan Services, Inc. by Great Lakes Educational Loan Services, Inc. (Parrott, G.) |
| Filing 40 Summons Issued as to Fifth Third Bank, Finansure, Inc. (Attachments: #1 Summons)(sbs) |
| Filing 39 FIRST AMENDED COMPLAINT against United States Department of Education, Fifth Third Bank, Finansure, Inc., filed by Michael Jones, Sr.(sbs) |
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Filing 38
ORDER granting #34 Motion for Leave to File Amended Complaint. Signed by Judge Jay C. Zainey on 9/11/18. (sbs)
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| Filing 37 EXPARTE/CONSENT MOTION for Extension of Deadlines to Reset Submission Date and Deadlines Associated Therewith by Michael Jones, Sr. (Attachments: #1 Proposed Order)(Grabill, Meredith) |
| Filing 36 ***DEFICIENT*** EXPARTE/CONSENT MOTION for Extension of Deadlines to Reset Submission Date and Deadlines Associated Therewith by Michael Jones, Sr. (Attachments: #1 Proposed Order)(Grabill, Meredith) Modified on 9/11/2018 (ajn). |
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Filing 35
ORDER denying #27 Motion for Leave to File Reply in Support of Motion for Summary Judgment. FURTHER ORDERED: Defendant's motion is DENIED without prejudice. Plaintiff filed a pro se opposition to the Motion for Summary Judgment. After filing the opposition, Plaintiff was appointed counsel. The Court recognizes that Plaintiff's counsel may want to take the opportunity to file a more formal opposition. Signed by Judge Jay C. Zainey on 9/10/2018. (mm)
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| Filing 34 EXPARTE/CONSENT MOTION for Leave to File to Amend Complaint Pursuant to Rules 15(a)(2), 16(b)(4), and 21 of the Federal Rules of Civil Procedure by Michael Jones, Sr. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Grabill, Meredith) |
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Filing 33
ORDER granting #31 MOTION to Continue; ORDER Resetting Submission Date on #19 MOTION for Summary Judgment; Motion(s) will be submitted on 9/19/2018. Signed by Judge Jay C. Zainey on 8/10/18.(jrc)
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| Filing 32 Correction of Docket Entry by Clerk re #31 MOTION to Continue to Reset Submission Date and Deadlines Associated Therewith. **Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the District Judge. Clerk took corrective action.** (sbs) |
| Filing 31 EXPARTE/CONSENT MOTION to Continue to Reset Submission Date and Deadlines Associated Therewith by Michael Jones, Sr. (Attachments: #1 Proposed Order)(Grabill, Meredith) Modified text on 8/9/2018 (sbs). |
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Filing 30
ORDER - IT IS ORDERED that the Motion for Summary Judgment (Rec. Doc. #19 ) filed by Defendants, currently scheduled for submission on April 18, 2018, is CONTINUED to August 22, 2018. The Court is taking this action to give Plaintiff's counsel time to prepare an opposition. Signed by Judge Jay C. Zainey on 5/23/2018.(sa)
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Filing 29
ORDER: For the reasons set out in my original appointment order dated May 11, 2018, Record Doc. No. #28 , I hereby designate the appointment of Attorney Meredith Grabill, counsel for plaintiff, as an appointment of a lawyer from the Civil Pro Bono Counsel Panel of this court, nunc pro tunc, pursuant to and for all purposes contemplated by the April 22, 2014 Resolution of the En Banc Court. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 5/14/2018.(mmv) (NEF: HON. JAY ZAINEY)
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Filing 28
ORDER: Having considered plaintiff's motion requesting appointment of counsel and considering his representations concerning his disability and financial status contained in the motion, Record Doc. No. #26 , the motion is GRANTED. I hereby designate the appointment of a lawyer from the Civil Pro Bono Counsel Panel of this court to represent plaintiff in this matter, pursuant to and for all purposes contemplated by the April 22, 2014 Resolution of the En Banc Court. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 5/11/2018. (mmv) (NEF: HON. JAY ZAINEY)
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| Filing 27 EXPARTE/CONSENT Ex Parte MOTION for Leave to File Reply in Support of Motion for Summary Judgment by Great Lakes Educational Loan Services, Inc.. (Attachments: #1 Proposed Order Proposed Order granting Motion for Leave to File Reply, #2 Proposed Pleading Reply in Support of Motion for Summary Judgment)(Parrott, G.) |
| Filing 26 MOTION for Appointment of Counsel by Michael Jones, Sr. Motion(s) referred to Joseph C. Wilkinson, Jr. (ajn) Modified to add referral on 5/11/2018 (mmv). |
| Filing 25 RESPONSE in Opposition filed by Michael Jones, Sr re #19 MOTION for Summary Judgment . (Attachments: #1 Exhibit 1, #2 Exhibit 2)(ajn) |
| Filing 24 Minute Entry for proceedings held before Judge Jay C. Zainey; Final Pretrial Conference held on 3/1/2018; #19 MOTION for Summary Judgment will be submitted on 4/18/2018. Trial of 3/19/18 is CONTINUED to be reset. (jrc) |
| Filing 23 UNSIGNED Pretrial Order by Great Lakes Educational Loan Services, Inc. (ajn) |
| Filing 22 Statement of Corporate Disclosure by Great Lakes Educational Loan Services, Inc. identifying Corporate Parent Nelnet Diversified Solutions, LLC for Great Lakes Educational Loan Services, Inc. (Parrott, G.) |
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Filing 21
ORDER: Judge Zainey ordered that the parties contact me for purposes of scheduling a settlement conference. Record Doc. No. #12 . Defense counsel complied but also advised that defendant has no desire to enter into settlement negotiations or to settle this case. Accordingly, conducting a settlement conference would be a waste of time, and no settlement conference will be scheduled in this matter under these circumstances. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 2/20/2018.(mmv) (NEF: HON. JAY C. ZAINEY, via email to JOHN NICKEL)
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| Filing 20 Amendment/Supplement to Document by Great Lakes Educational Loan Services, Inc. re #19 MOTION for Summary Judgment Exhibits Inadvertently Not Attached to Original Motion (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6)(Williams, Graham) |
| Filing 19 MOTION for Summary Judgment by Great Lakes Educational Loan Services, Inc.. Motion(s) will be submitted on 3/7/2018. (Attachments: #1 Memorandum in Support, #2 Statement of Contested/Uncontested Facts, #3 Notice of Submission, #4 Exhibit)(Williams, Graham) |
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Filing 18
ORDER granting #17 Motion for Extension of Deadlines and is hereby extended to 1/30/2018. Signed by Judge Jay C. Zainey on 1/9/2018. (ajn)
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| Filing 17 EXPARTE/CONSENT MOTION for Extension of Deadlines by Great Lakes Educational Loan Services, Inc.. (Attachments: #1 Proposed Order)(Williams, Graham) |
| Filing 16 NOTICE by Great Lakes Educational Loan Services, Inc. of Service of Designation of Trial Witnesses and Exhibits. (Attachments: #1 Exhibit 1 - Designation of Trial Witnesses and Exhibits of Great Lakes Educational Loan Services, Inc.)(Parrott, G.) |
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Filing 12
SCHEDULING ORDER: Final Pretrial Conference set for 3/1/2018 11:15 AM before Judge Jay C. Zainey. Bench Trial set for 3/19/2018 09:30 AM before Judge Jay C. Zainey All discovery must be completed by 2/1/2018.. Signed by Judge Jay C. Zainey. (Attachments: #1 Pretrial Notice Form)(jrc)
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| Filing 11 Statement of Corporate Disclosure by Great Lakes Educational Loan Services, Inc. identifying Corporate Parent Great Lakes Higher Education Corporation for Great Lakes Educational Loan Services, Inc. (Williams, Graham) |
| Filing 10 NOTICE of Hearing. Scheduling Conference set for 6/27/2017 04:00 PM before case manager by telephone. By Clerk. (jrc) |
| Filing 13 SUMMONS Returned Executed; U.S. Attorney's Office served on 6/14/2017, answer due 7/5/2017. (ajn) |
| Filing 9 ANSWER to #1 Complaint by Great Lakes Educational Loan Services, Inc. Attorney Graham Halsey Williams added to party.(Williams, Graham) Modified on 6/19/2017 (jrc). |
| Filing 8 SUMMONS Returned Executed; U.S. Attorney General served on 5/17/2017, answer due 6/7/2017. (Attachments: #1 Certified Return Receipt)(ajn) |
| Filing 7 SUMMONS Returned Executed; U.S. Department of Education served on 5/25/2017, answer due 6/15/2017. (ajn) |
| Filing 6 Summons Issued as to U.S. Department of Education, U.S. Attorney's Office and U.S. Attorney General. (ajn) |
| Filing 5 Request of Summons Issued as to U.S. Department of Education, U.S. Attorney's Office and U.S. Attorney General filed by Michael Jones, Sr re #1 Complaint. (ajn) |
| Filing 4 Summons Issued as to U.S. Department of Education. (mmv)(cc: Pauper Order, Pauper Letter and Summons mailed to plaintiff) |
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Joseph C. Wilkinson, Jr on 2/23/2017. (my) (Additional attachment(s) added on 2/24/2017: #1 Pauper Letter) (mmv). (cc: Plaintiff)
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| Filing 2 EXPARTE/CONSENT MOTION for Leave to Proceed in forma pauperis by Michael Jones, Sr. Motion(s) referred to Joseph C. Wilkinson, Jr. (ajn) |
| Filing 1 COMPLAINT against U.S. Department of Education filed by Michael Jones, Sr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet)(ajn) |
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